May 2022 Voting Laws Roundup

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As of May 26, 2022 lawmakers in 27 states have proposed at least 148 election interference bills with six states already passing nine voting laws that threaten to undermine voters’ confidence in the security of elections. Many have already become law.

This year, state lawmakers, who spent 2021 passing laws that made it harder to vote, have focused more intently on election interference, passing nine laws that could lead to tampering with how elections are run and how results are determined.

Election interference laws do two primary things. They open the door to partisan interference in elections, or they threaten the people and processes that make elections work. In many cases, these efforts are being justified as measures to combat baseless claims of widespread voter fraud and a stolen 2020 election.

Between January 1 and May 4, six state legislatures — Alabama, Arizona, Florida, Georgia, Kentucky, and Oklahoma — have passed nine election interference laws. As of May 4, at least 17 such bills introduced this year are still moving through five state legislatures. Moving bills are those that have passed at least one chamber of the state legislature or have had some sort of committee action (e.g., a hearing since the beginning of 2022, an amendment, or a committee vote). In total, lawmakers in 27 states have proposed at least 148 election interference bills.

In many of the same state legislatures, lawmakers have continued to introduce or enact laws that restrict access to the vote. Legislation is categorized as restrictive if it would make it harder for eligible Americans to register, stay on the rolls, and/or vote as compared to existing state law. In addition to two such laws enacted in Arizona and Mississippi, a restrictive ballot initiative in Arizona passed both houses and will be placed on the ballot for voters in the November general election.

As of May 4, at least 34 bills with restrictive provisions are moving through 11 state legislatures. Overall, lawmakers in 39 states have considered at least 393 restrictive bills for the 2022 legislative session. Since the beginning of 2021, 18 states have passed 34 restrictive voting laws, which can disproportionately affect voters of color.

At the same time, Arizona, Connecticut, New York, and Oregon enacted five laws that expand access to the vote. Legislation is categorized as expansive if it would make it easier for eligible Americans to register, stay on the rolls, and/or vote as compared to existing state law. As of May 4, at least 48 bills with expansive provisions are moving through 16 state legislatures and the DC City Council. Over­all, lawmakers in 44 states and Washington, DC, have considered at least 596 expansive bills for the 2022 legislative session.

Almost half of the state legislatures meeting in 2022 have now ended their legislative sessions. Legislatures are in the second year of their two-year sessions, when they generally tend to pass fewer laws than in the first year. This year follows that trend.

Election Interference Legislation

Between January 1 and May 4, six states (Alabama, Arizona, Florida, Georgia, Kentucky, and Oklahoma) have enacted nine election interference laws. As of May 4, at least 17 election interference bills are moving through five state legislatures. Overall, lawmakers in 27 states have introduced at least 148 election interference bills in the 2022 legislative session.

This legislation is fueled by election denial-ism and falsehoods about voter fraud. The passage of election interference legislation is part of an alarming trend that emerged in state legislatures in 2021 and represents a direct legislative attack on fair election administration.

Read more at the Brennan Center for Justice at NYU Law

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